(DOWNLOAD) "Hutchinson v. Burton" by Supreme Court of Montana # Book PDF Kindle ePub Free
eBook details
- Title: Hutchinson v. Burton
- Author : Supreme Court of Montana
- Release Date : January 13, 1952
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
1. Exceptions, Bill of ? Statute clear, specific and mandatory. Statutory provision for the filing of a bill of exceptions by a prospective appellant within 15 days after entry of judgment, or within 60 days if allowed by trial judge, is clear, specific, and mandatory. 2. Exceptions, Bill of ? Effect of failure to file in time. A trial judge is not required or authorized to settle a bill of exceptions which is served, filed or presented for settlement after the time prescribed by statute. 3. Exceptions, Bill of ? Effect of ignorance or mistake. Ignorance of the law by an appellant, or the mistake, unskillfulness, or negligence of his counsel, is not sufficient to entitle appellant to relief under section 93-3905. 4. Appeal and Error ? Right of appeal not absolute. The right to appeal in any case is not an absolute one, for appeals are only allowed under such regulations as may be prescribed by law. 5. Exceptions, Bill of ? Right to have bill of exceptions settled not absolute. The right to have a bill of exceptions signed, settled and allowed, is not an absolute right, for a litigant is entitled thereto only upon compliance with regulations prescribed by law. 6. Exceptions, Bill of ? Jurisdiction of court. The trial court is without power to settle or allow a bill of exceptions when the statutory time for preparation, filing and service of such bill, or any proper extension of such time, has fully elapsed. 7. Action ? Effect of "non-action." Non-action by an aggrieved party is not the equivalent of a "proceeding taken against" that party, from which he might be relieved by reason of his mistake, inadvertence, surprise, or excusable neglect. 8. Exceptions, Bill of ? Effect of specific statute. Statute allowing aggrieved party relief from proceeding taken against him by reason of his mistake, inadvertence, surprise, or excusable neglect, being of a general nature, does not authorize relief from failure to comply with specific statutes relating to time allowed for the preparation, filing and service of a bill of exceptions. 9. Appeal and Error ? Bill of exceptions stricken from manuscript. Where appellants did not move for relief, from failure to file bill of exceptions within time allowed by statute, until 77 days after entry of judgment against them, trial judges order granting relief in the nature of an extension of time was null and void, and bill of exceptions settled by such judge would be struck from transcript - Page 280 thus limiting review to remainder of judgment roll. 10. Appeal and Error ? Judgment and verdict not disturbed. Where bill of exceptions was struck from transcript the Supreme Court could not properly review the proceedings had, and could not, therefore, say that judgment rendered was erroneous or that verdict was not sustained by evidence or that it was excessive.